Legal Appeals Process and What to Know Before You Make One
Criminal Defence
09 Apr
The Appeal: A Fresh
Opportunity in the Legal Field.
If you think a court decision was wrong or unjust, you have the right to
file an appeal, requesting a higher court to review the case and possibly
reverse the ruling of the lower court.In the legal system, a "trial"
does not always mark the conclusion.
The legal appeals process can feel like navigating a maze, but don’t
worry – This is where RRM Law Office - Top Lawyers Brampton steps in. With our expertise and experience, we
guide you through the intricacies of the appeals process, ensuring you
understand every step and maximize your chances of a favorable outcome. Let us
take the legal burden off your shoulders.
Grasping the key steps and potential outcomes is crucial to ensure you
don’t get tangled in the legal weeds, where even the most seasoned
professionals can lose their way…..
Why appeal?
Because if you believe the court's decision was flawed or unjust, an
appeal gives you the opportunity to have a higher court review and potentially
correct the ruling. Appeals provide an opportunity to review potential errors
in the original trial. If you believe the outcome was unjust, filing an appeal
allows you to present your case again, offering a chance for the decision to be
reconsidered by a higher court.
The judge “abused his/her discretion” - In simple terms, you can not appeal just because you disagree with
the judge's decision. You have to prove that the judge made a big mistake, like
when the evidence clearly doesn't back up their decision. This would be called
"abuse of discretion."
The judge made an error regarding the facts - Appellate courts usually won’t change a
factual decision unless it is clearly wrong, and the evidence shows without a
doubt that the judge made a mistake.
There are strict time limits for filing an appeal, so it's important to act quickly after the
original decision. An experienced appellate attorney can help guide you through
the process, ensuring that your appeal is properly prepared and presented.
Appellate courts usually review cases based on a specific "standard
of review," which defines how much weight they give to the lower court's
decision. In Canada, the chances of winning a criminal appeal are roughly 1 in
3.
The Appeal Process is A Step-by-Step Guide – because sometimes the first verdict just isn’t the final word, this will walk you through the journey of challenging a decision, ensuring you don’t miss a step (or a deadline) along the way.
1. The appeals and judicial review process allows people to challenge legal decisions, correct mistakes, and ensure fairness by having higher courts review lower court rulings.
2. Appellate courts and specialized tribunals review appeals and judicial reviews, with experienced judges or adjudicators determining if lower courts or bodies made errors in their decisions.
3. To start an appeal or judicial review, you must have valid reasons, such as legal mistakes, procedural issues, bias, conflicts of interest, ignoring key evidence, or illogical decisions. It's important to identify which reasons apply to your case.
4. To begin an appeal or judicial review, you typically need to file documents, such as a Notice of Appeal or Application for Judicial Review, with the appropriate court or tribunal. These documents outline the reasons for the challenge, list the parties involved, and summarize the lower court or body’s decision.
5. In an appeal or judicial review, parties submit a Record of Proceedings, which includes key documents from the original case. They may also provide written submissions, or Factums, outlining their legal arguments and supporting laws. These documents form the basis for the higher court or tribunal’s review.
6. In many appeals or judicial reviews, parties can present oral arguments before the court or tribunal. Legal representatives make their case, answer questions from judges or adjudicators, and elaborate on their written submissions. This is an opportunity to highlight key legal points and strengthen the case.
7. The standard of review is crucial in appeals and judicial reviews, as it determines how much weight the higher court or tribunal gives to the lower court's decision. This standard varies depending on whether the challenge involves questions of law, fact, or discretion. Understanding the appropriate standard helps present your arguments effectively.
8. After reviewing the appeal or judicial review, the higher court or tribunal can make different decisions. They might uphold the original decision, change it, order a new hearing, or completely overturn it. The outcome depends on the details of the case and the strength of the arguments made.
9. It’s essential to be aware of time limits and procedural rules for appeals and judicial reviews. Strict deadlines exist for starting the process, filing, and serving documents. Missing these deadlines or not following procedures can result in dismissal, so consulting legal counsel promptly is crucial.
10. Navigating the appeals and judicial review process can be complex, requiring a solid understanding of the law and procedures. It’s highly recommended to hire experienced appellate lawyers who can guide you, assess your case, and present strong arguments on your behalf.
RRM Law offers a range of legal services, including
expert legal consultation, representation in court, and assistance with
document preparation for appeals and judicial reviews. They help clients
navigate complex legal processes by developing case strategies, conducting
legal research, and presenting persuasive arguments.
Additionally, RRM Law can
negotiate settlements when appropriate, ensuring clients receive comprehensive
legal support tailored to their needs.
Speak to an experienced Lawyer today at 905-798-3776